The city of Clarksville has filed a federal lawsuit against a number of pharmaceutical companies and distributors, claiming they misled customers and doctors about the dangers of long-term opioid use.

The lawsuit includes five main counts.

Negligence

By manufacturing, marketing and distributing highly dangerous opioid drugs in and around Clarksville, the companies have created an "an opioid crisis" that has led to the growing use of heroin as well as overdose deaths, according to the lawsuit, filed Tuesday in U.S. District Court Northern District of Ohio.

As a result of the defendant's "breach of duty and failure to use reasonable care, the (City of Clarksville) has been and continues to be damaged through the rampant distribution of prescription opioids that the defendants were under a duty to monitor and control," the lawsuit claims.

It says Clarksville was damaged and is seeking compensatory as well as punitive damages because:

The city has spent substantial money "and will face skyrocketing costs for continued treatment and cure of opioid addiction."

The city has used resources and funding for treatment facilities, counseling and child and family services directly related to opioid abuse and addiction.

Because of the defendants' conduct, the city has sustained and will continue to have damages "in the form of skyrocketing costs for law enforcement services, costs and treatment of those addicted."

Common Law Nuisance

The suit says the defendants engaged in massive production, promotion and distribution of opioids and they should have known of damaging consequences.

The lawsuit claims the defendants' nuisance activities included selling or facilitating the illegal sale of prescription opioids from premises in and around Clarksville to unintended users, including people at risk of overdose and criminals.

This has also resulted in increased crime and property damage in Clarksville.

Infants have been born addicted to opioids, and even adults and children in Clarksville who have never taken opioids have suffered emotional and financials costs for caring for loved ones addicted to or injured by opioids.

"All these problems harm Clarksville by diminishing Clarksville's revenues and forcing it to make increased expenditures," the suit says.

Statutory Public Nuisance

The suit claims the defendants failed to implement effective controls and procedures in their supply chain to guard against theft, diversion and misuse of prescription opioids and failed to adequately design and operate a system to detect, halt and report suspicious orders of prescription opioids.

The city is asking for damages including expenses for police protection and emergency response, health care costs and expenses, criminal prosecution expenses, counseling costs and programs, financial costs for addiction treatment, loss of value of production and tax based revenue from a non-opioid dependent workforce, attorney's fees and costs and direct and indirect harm to the city.

RICO Act violation

The city says the companies violated the Racketeer-Influenced and Corrupt Organizations Act.

"The RICO defendants aggressively sought to build their revenue, increase profit and grow their share of the prescription painkiller market by unlawfully and surreptitiously increasing the volume of opioids they sold," the suit claims.

"As a direct result of the RICO defendants' fraudulent scheme, course of conduct and pattern of racketeering activity, they were able to extract billions of dollars of revenue from the American public," it states.

Tennessee Drug Dealer Liability Act

The Tennessee Drug Dealer Liability Act provides a civil remedy for damages to people in a community as a result of illegal drug use. It is designed to help government entities or others that fund a drug treatment program or employee assistance program for the individual drug user or that otherwise expend money on behalf of the drug user.

The lawsuit asks for a judgment against the plaintiffs, an injunction against the defendants on a permanent basis along with accompanying restitution, and an order from the court requiring the defendants to fully compensate the city for future and past expenses of the opioid epidemic.

It also asks for punitive damages "in an amount that sets an example to discourage similar wrongful corporate behavior in the future."

Opioid lawsuits

National opioid lawsuits against pharmaceutical companies have been joined by about 100 cities, about 500 counties and more than 30 states. Montgomery County has also filed suit.

The drug companies deny the claims and say litigation should be halted until Food and Drug Administration-ordered studies on the long-term risks and benefits of opioids are completed, according to USA TODAY.

Purdue Pharma, whose drug OxyContin has been cited as jump-starting the opioid epidemic, is one of the key targets of the litigation.

“We are deeply troubled by the opioid crisis, and we are dedicated to being part of the solution,” Purdue said in a statement to USA TODAY. “We vigorously deny these allegations and look forward to the opportunity to present our defense.”

The city is being represented by Jeffrey E. Friedman, a Birmingham, Alabama, attorney who was raised in Clarksville.

John Parker, a spokesman for Healtchare Distribution Alliance, which represents some of the companies being sued, said the legal action makes no sense.

“The misuse and abuse of prescription opioids is a complex public health challenge that requires a collaborative and systemic response that engages all stakeholders," Parker said. "Given our role, the idea that distributors are responsible for the number of opioid prescriptions written defies common sense and lacks understanding of how the pharmaceutical supply chain actually works and is regulated. Those bringing lawsuits would be better served addressing the root causes, rather than trying to redirect blame through litigation.”

Reach Reporter Stephanie Ingersoll at singersoll@theleafchronicle.com or 931-245-0267 and on Twitter @StephLeaf